HomeMy WebLinkAboutR-89-0808J—S9-882
9/13/89
RESOLUTION NO.
A RESOLUTION WAIVING, BY A 4/5THS AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION
AFTER A DULY ADVERTISED PUBLIC HEARING, THE
PROHIBITION AGAINST THE TRANSACTION OF
BUSINESS WITH A CITY OFFICIAL, AS SUCH
PROHIBITION APPLIES TO ROBERT F. CLARK, WHOSE
LAST SCHEDULED DAY OF CITY SERVICES AS AN
ASSISTANT CITY ATTORNEY IS SEPTEMBER 15, 1989,
FOR THE PROPOSED ENGAGEMENT OF THE SERVICES OF
SAID INDIVIDUAL AS SPECIAL COUNSEL IN MATTERS
PRIMARILY RELATED TO LEGISLATION AND SPECIAL
PROJECTS HANDLED BY THE CITY ATTORNEY'S
OFFICE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. By a 4/5ths affirmative vote of the members
of the City Commission, after a duly advertised public hearing,
the following findings are hereby made upon which the herein
waiver is based concerning contractual relations with the City by
a City officer, official or employee while so employed or within
two years after leaving City employment as the prohibition in
City Code Section 2-302 may apply to Robert F. Clark, Assistant
City Attorney, whose last scheduled day of City service is
September 15, 1989:
(a) The services of Robert F. Clark, Esq., are
unique in character as they relate to legislation and
special projects handled by the City Attorney's Office.
(b) The City of Miami cannot avail itself of such
services without authorizing the herein proposed
transaction which would be in violation of City Code
Section 2-302 were there not a waiver of the
prohibition contained in said Section 2-302.
CITY COMMISSION
MEETING OF
SEP 14 1989
ItumnoN Na
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CI`i f OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
} —10 honorable Mayor and Members
. September 13 , 19 $ V'LI:
of the city Commi,llsion SUWtCT City commission Meeting
September 14, 19$9
�+t
_ Agenda Items #25 and I)�6
FROM . Jo go L • F nandez ~ REFERENCES
City Attor ey
ENCLOSURES (4 )
7
approving Items #25 (J-89-595) and 426
In the process of apP g scheduled for 11:00 A.M. and
(J-89-858) on the Agenda,
11:05 A.M. , 98
8 when ommissionwa
itheuCity Cdifficulty
respectively, we weres
encountered by you in April, 1lict
presented with a single resolution alof calling aonsultant o contract•
interest waiver and for pp now been
Accordingly, as in the past, both of these Items haw the waiver
redrafted to allow separate consideration of granting anted, then
to Messrs. Fabregas and Clark, he a scut ectivion of n the d if contract with
the question of authorizing
these two individuals
Resoluti Resolutionstheir
grantingctive he waconsultant
vers t ( Jt89 e886 cand
j The vote on the public hearing as
J-89-882) requires a 4/5ths vote following the p authorizing
noted above. The Resolutions (J-89-887 and J-89-883)
the contracts only require a majority vote of the Commission.
esol
Copies of these four newly -draftee substituted areutions attached
your hAgenda
your consideration and should b _ _g
_ Packs -- —
.. JLF:RFC:bss:P725
—'r cc: Cesar H. Odio, City Manager
a' Matty Hirai, City Clerk
=2 Herbert J. Bailey, Director
Housing Conservation and Development Agency
� is
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26
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
FROM : JO ig- ems`. F rnan ez
Cily Attor ey
GATE
September 1, 1989 FILE :
SUBJECT : Waiver/Consultant Services
Robert F. Clark
REFERENCES : City Commission Agenda,
September 14, 1989
ENCLOSURES:
gVer since the divisional reorganization of the office severaalll f
ago,, there has been enhanced developrient of skills on the part o
in their Preparation and handling of City CCnMissiOn Agendait�a
attorneys hed need for the full time presence
try resulting in the diminished Division. Consequently, I
Division Chief for the Legislation/Special Projectsposition in the
an considering the feasibility of merging the function of this P�
future by having the duties incident thereto redistributed between and among -
This consideration has been initiated primarily due
the other four Divisions.sistant City Attorney Robert F. Clark that he will be
to the announceaen by 1 status which
le after 15, 1989 to contis�ue in his re-empy
unabl-May 18th foSeptember
ll his retirement as Chief Deputy City after 25
began years of City service on May 12th.
Since Mr. Clark has indicated his willingness to make his legal services
nt basis, I request your authorization to
available on a limited consultaunarily in connection with matters involving
etx him counsel pects being rimarily
handled by this office. Thelegislation and special Proj
extraordinary of knowledge and experience fn mwlicipal ggverI bby this
ent as
well as the outstanding analytical and ccmmmication skills possessed
?by continue to be used by me on an as -needed basis
staff manber can then •
lution at the above meeting will waive the
Your adoption of the attached reso-
City Code prohibition and also authorize me to engage Mr. Clark's services.
Mr. Clark will render his services at the City Attorneys office
Because
where desk, phone, secretarial and other support services will be provided
him, the hourly campensation rate otherwise payable to outside counsel of $120
is not considered applicable. On the average, Mr. Clark will be expected to
give the City Attorney no less than 30 hours a week with the understanding
that as the circumstances or situations demand, the City Attorney may require
given week;owe
however, the compensation to be paid will not
mores time during any g Funds to cover the herein proposed
vary from nor. ewAed $5,000 per t bmonth-
jet.
services are available in the Law
JLF/rcl/bss/P142
cc: Cesar H. Odio. City Manager
Attn: Aurelio Perez-Lugones
Legislative Administrator